نوع مقاله : علمی پژوهشی
1 استادیار گروه حقوق دانشکدة علوم اجتماعی، دانشگاه بینالمللی امام خمینی (ره)، قزوین
2 استادیار دانشکدة حقوق دانشگاه تربیت مدرس
عنوان مقاله [English]
Deliberate starvation is a violation of human rights and a crime whose perpetrators have long enjoyed total impunity. Recently, however, the international community has taken steps to prevent and combat it, including provisions in the Rome Statute. Although, its provisions have been criticized for lack of transparency about the elements of crime, especially the subjective element (mens rea), or for limiting the commission of that crime to international armed conflict, therefore, its conceptual development is essential. Because of these considerations, the present article seeks to examine and analyze how gradually and by violating a human right such as the right to food by governments (with political, military, and economic motives) the commitment of an international crime as starvation takes place. Also, what is the capacity of international law, including in the international criminal law system and the international human rights system, to prevent the occurrence of this crime and the strategies to combat the impunity of its perpetrators? The answer to this question is very important and vital in the effective guarantee of human rights standards, and over time, it can accelerate and facilitate the international prosecution of serious and gross human rights violations.